Tag Archives: mcleish orlando llp lawyers toronto

Negligent drivers can still pursue claims against a road authority, says decision

As seen on AdvocateDaily.com

 

A recent case points out very clearly that there is not an absolute bar when it comes to whether a negligent driver can still pursue a negligence claim against a road authority, Toronto critical injury lawyer Dale Orlando says in Law Times.

Deering v. Scugog (Township), says the article, involves a 2004 motor vehicle accident that left two teenage sisters quadriplegics, with the trial judge finding the defendant municipality to be two-thirds liable with the drive responsible for the remainder. The Ontario Court of Appeal dismissed an appeal last year, and the Supreme Court of Canada denied leave to appeal in December.

As all avenues of appeal have now been exhausted in the case, says Law Times, the Superior Court’s decision is the latest word on the duty of municipalities to keep roads in a reasonable state of repair and the “expected driving capability of the ordinary driver.”

Whether a negligent driver can still pursue a negligence claim, says Orlando, partner with McLeish Orlando LLP who represented the younger sister, “is a question of apportionment after objective analysis of the state of non-repair of the road.”

“Shannon Deering was admittedly negligent. She was over the speed limit on an unfamiliar, hilly road and, accordingly, contributed to the happening of the accident. But that is the second question. The first is: On an objective analysis of the test, did the road represent an unreasonable risk of harm to an ordinary, average user, not to a negligent driver? This includes drivers who are not super drivers,” he says.

Orlando also says he believes that the Deering decision doesn’t create any new tests but reinforces previous decisions. “Municipalities are not held to a standard to make the road safe for negligent drivers. That’s not what the case means,” he explains.

McLeish Orlando partners with Bike Month 2013

As seen on AdvocateDaily.com

Toronto critical injury lawyer Rikin Morzaria kicked off Bike Month 2013 this week, joining hundreds of cyclists in riding his bike to work and speaking on behalf of Bike Month lead partner McLeish Orlando at Nathan Phillips Square.

Morzaria, a partner at McLeish Orlando, rides his bike to work every day and spoke to the crowd about safe cycling and encouraging businesses to be smart commuters.

“As a law firm that represents seriously injured people, we often encounter cyclists who have been injured in road collisions,” Morzaria said during the kick-off. “Because we see the impact of these injuries up close, we feel that we have a responsibility to promote safe cycling.  Some of this involves advocating for safe solutions.  For example, Patrick Brown, was instrumental in prompting a coroner’s review of cycling safety.  We are also strong supporters of cycling advocacy organizations such as Cycle Toronto.

“We also believe that cycling is safer when more people are using it as a method of transportation,” he said.  ”This leads to greater awareness of cyclists by motorists, and to reduced hostility.

“We feel that we need to lead by example by encouraging our own employees to cycle to work,” Morzaria told the gathering.  ”We have taken some concrete steps to make this more practical and appealing.  For example, we have made our workplace more cycle friendly by providing secure bike parking and including shower facilities in our retrofitted office space.  We have also regularly participated in cycling events, and purchased memberships to Cycle Toronto for our employees.

“Perhaps most importantly, we lead by example; many of our lawyers, including several partners, regularly commute to work by bicycle.  ‘Helmet head’ won’t make you so self-conscious when you see your boss sporting it,” he said.

The firm also participate in a “Helmets on Kids” program every year, purchasing and handing out approximately 500 helmets each year to children who wouldn’t otherwise have them.

“I’m excited to be part of Bike Month, because I love cycling – I’ve cycled year-round as a commuter for over a decade –  and because I want to be part of the movement that makes cycling accessible to others who haven’t yet started using bikes as a method of transportation,” said Morzaria.

For more information or to see this month’s calendar of biking events, visit McLeish Orlando’s  website or www.bikemonth2013.ca